Notice Title

Statutory Requirements

Publication Date
17 Oct 2018

Tags

Land Transfer Act Requirements Land Information New Zealand

Notice Number

2018-lt5210
Title
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File Type and Size
PDF (30 KB)

Section 164A(3) of the Land Transfer Act 1952 permits the Registrar-General of Land to specify the statutory requirements that apply to a class of instrument. The following table details a statutory provision additional to those specified in the Supplement to the New Zealand Gazette, 26 September 2008, No. 144, page 3925.

I hereby specify the statutory provision detailed in this table for the purposes of section 164A(3)(c) of the Land Transfer Act 1952.

This specification means that when a practitioner is giving a certification under section 164A(3)(c) and Regulation 12 of the Land Transfer Regulations 2002, the practitioner is certifying that the statutory provision specified has been complied with or does not apply, as the case may be.

This notice is in addition to the Statutory Requirements notice published in the Supplement to the New Zealand Gazette, 26 September 2008, No. 144, page 3925.

This notice takes effect from 22 October 2018.

Statute and Applicable Section Nature of Provision Requirements for Compliance Class of Instrument Certifying Practitioner
Overseas Investment Act 2005
s51C
A conveyancer must not lodge certain instruments if the conveyancer has not obtained a statement from the person acquiring an interest in residential land under a transaction (or has reasonable grounds for believing that the statement is not correct in a material particular); and the conveyancer must take reasonable steps to ensure that a copy of the statement is kept for a period of at least 7 years after the date on which the instrument is lodged.

A statement has been obtained from the:

  • Transferee
  • Lessee
  • Lessee
  • Licensee
  • Grantee
and is held.
  • Transfer
  • Lease
  • Lease Variation
  • Licence to Occupy
  • Easement instrument to grant a profit à prendre (regulated as defined in the Overseas Investment Act 2005).

Practitioner acting for the:

  • Transferee
  • Lessee
  • Lessee
  • Licensee
  • Grantee


R. W. MUIR, Registrar-General of Land.